Bill Text: TX HB4962 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the eligibility of a defendant to participate in a veterans treatment court program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Corrections [HB4962 Detail]
Download: Texas-2023-HB4962-Introduced.html
88R13441 MCF-D | ||
By: Garcia | H.B. No. 4962 |
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relating to the eligibility of a defendant to participate in a | ||
veterans treatment court program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 124.002, Government Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) The commissioners court of a county may establish a | ||
veterans treatment court program for persons arrested for, charged | ||
with, convicted of, or placed on deferred adjudication community | ||
supervision for any misdemeanor or felony offense. A defendant is | ||
eligible to participate in a veterans treatment court program | ||
established under this chapter only if: | ||
(1) the attorney representing the state consents to | ||
the defendant's participation in the program, subject to Subsection | ||
(a-1); and | ||
(2) [ |
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pending or in which the defendant was convicted or placed on | ||
deferred adjudication community supervision, as applicable, finds | ||
that the defendant is a veteran or current member of the United | ||
States armed forces, including a member of the reserves, national | ||
guard, or state guard, who: | ||
(A) [ |
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illness, or mental disorder, including post-traumatic stress | ||
disorder, or was a victim of military sexual trauma if the injury, | ||
illness, disorder, or trauma: | ||
(i) [ |
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the defendant's military service; and | ||
(ii) [ |
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criminal conduct at issue in the case; or | ||
(B) [ |
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veterans treatment court program, considering the circumstances of | ||
the defendant's conduct, personal and social background, and | ||
criminal history, is likely to achieve the objective of ensuring | ||
public safety through rehabilitation of the veteran in the manner | ||
provided by Section 1.02(1), Penal Code. | ||
(a-1) If an attorney representing the state does not consent | ||
to a defendant's participation in a veterans treatment court | ||
program under Subsection (a)(1), the defendant may file a motion | ||
requesting the court in which the criminal case is pending or in | ||
which the defendant was convicted or placed on deferred | ||
adjudication community supervision, as applicable, to review the | ||
decision of the attorney representing the state. If the court finds | ||
that the defendant otherwise meets the eligibility requirements | ||
described by Subsection (a)(2), the court may allow the defendant | ||
to participate in the program. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a criminal case that is pending on or commences on or after the | ||
effective date of this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2023. |